LALIYA Vs. BHAGWAN

JUDGEMENT

(1.) THIS revision under section 115 of the C.P.C. is directed against the order dated 22.1.1998, passed by Civil Judge, Class -II, Manavar, in Misc. Civil Case No. 8/97, thereby allowing the application filed by respondents No.1 Bhagwan and No.2 Mukesh, under order 9 Rule 13 CPC and setting -aside the decree passed ex parte against them in Civil suit No. 56 -A/92.

(2.) THE suit in which the decree in question was passed was filed by respondents No. 1 to 3 against the applicant Laliya and other respondents No.4 to II. The applicant Laliya has set up a counter claim in the said suit. The suit of the respondents No. 1 to 3 was dismissed in default of their appearance. However, the counter claim of the applicant -defendant was decreed ex parte against the respondent No. 1 to 3 vide Judgment and Decree dated 30th November, 95. Against this decree an appeal was filed by three persons namely Smt. Pushpa, Ravi and Ritesh claiming to have purchased the property in suit from the respondents No. 1 to 3, during the pendency of the said suit. Their appeal was, however, dismissed by the District Court at the very thresh -hold on the ground that the appeal at their instance is not maintainable. Against this Judgment of the District Judge, a second appeal (S.A. No. 319/96) filed by the said transferees is pending before this Court.

(3.) I have heard Shri Umesh Maheshwari, learned counsel for the applicant and Shri B.L. Pavecha appearing with Shri Yogesh Mittal for the respondents No. 1 and 2. None has, however, appeared for other respondents.